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May a Contract Be Forgiven if it Becomes Impossible or Impracticable to Perform During COVID 19?
Post On Apr. 24, 2020

This guide will discuss the defense of impossibility to breach of contract, in the context of the current pandemic. Introduction In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to ...

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Cause of Non Performance In Force Majeure Contract Disputes
Post On Apr. 13, 2020

A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they mus...

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Force Majeure - What It Means For Your Business
Post On Apr. 06, 2020

A force majeure clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. What is Force Majeure? A force majeure event is an occurrence that...

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THE IMPACT OF COVID 19 ON YOUR BUSINESS AND THE FORCE MAJEURE (ACT OF GOD) CLAUSE
Post On Apr. 04, 2020

Can performance of a contract be excused due to inability to perform the terms of the contract as a result of the shelter-in-place orders in the wake of the COVID 19 pandemic? Introduction During these times of uncertainty in the business sector, issues pertaining to contractual obligations are aris...

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Bankruptcy Basics in Oregon
Post On Jan. 23, 2016

A brief overview of how filing bankruptcy can help you get a fresh financial start. The Process Article I, Section 8 of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the Bankruptcy Code in 19...

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Defeating the Bank's Motion for Summary Judgment in a New York Residential Foreclosure Case - Part 1
Post On Nov. 14, 2015

This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial. To...

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